10
32.
Indeed some States have included more specific safeguards in their
constitutions related, for example, to the intake and registration of persons who enter
prisons; 23 the separation and difference in treatment between persons charged and
persons convicted; 24 the separation of children and adolescents from adults, 25 and of men
from women 26 ; and the maintenance of communication between the prisoners and their
families, 27 among others.
33.
The international legal framework taken into consideration to draw up
this thematic report is made up fundamentally of the international human rights
instruments adopted in the framework of the Inter‐American human rights system, mainly:
the American Declaration, 28 the American Convention, 29 and the Inter‐American
Convention to Prevent and Punish Torture. 30 In addition, to the extent that they apply, are
the Additional Protocol to the American Convention in the area of Economic, Social and
Cultural Rights “Protocol of San Salvador;” 31 the Inter‐American Convention on the
Prevention, Punishment and Eradication of Violence against Women “Convention of Belém
do Pará;” 32 the Inter‐American Convention on Forced Disappearance of Persons 33 ; and the
23
See, e.g., Constitution of the Plurinational State of Bolivia, Art. 23 (VI); and Constitution of the
Republic of Chile, Art. 19(7)(d).
24
See, e.g., Constitution of the Republic of Ecuador, Art. 77(2); Constitution of the Republic of
Guatemala, Art. 10; Constitution of the Republic of Haiti, Art. 44; Constitution of the Republic of Honduras, Art.
86; Constitution of the United Mexican States, Art. 18; Constitution of the Republic of Nicaragua, Art. 33(5); and
Constitution of the Republic of Paraguay, Art. 21.
25
See, e.g., Constitution of the Plurinational State of Bolivia, Art. 23(II); Constitution of the Federative
Republic of Brazil, Title II, Ch. I, Art. 5.XLVIII; Constitution of the Republic of Nicaragua, Art. 35; Constitution of the
Republic of Panama, Art. 28; Constitution of the Republic of Paraguay, Art. 21; and Constitution of the Oriental
Republic of Uruguay, Art. 43.
26
See, e.g., Constitution of the Federative Republic of Brazil, Title II, Ch. I, Art. 5.XLVIII; Constitution of
the United Mexican States, Art. 18; Constitution of the Republic of Nicaragua, Art. 39; Constitution of the Republic
of Paraguay, Art. 21; Constitution of the Oriental Republic of Uruguay, Art. 43.
27
See, e.g., Constitution of the Republic of Ecuador, Art. 51(2); and Constitution of the Republic of
Guatemala, Art. 19(c).
28
OAS, American Declaration of the Rights and Duties of Man, adopted at the Ninth International
Conference of American States, Bogotá, Colombia, 1948.
29
OAS, American Convention on Human Rights, signed in San José, Costa Rica, November 22, 1969, at
the Specialized Inter‐American Conference on Human Rights.
30
OAS, Inter‐American Convention to Prevent and Punish Torture, adopted in Cartagena, Colombia, on
th
December 9, 1985, at the 15 regular session of the General Assembly.
31
OAS, Additional Protocol to the American Convention on Human Rights in the area of Economic,
Social and Cultural Rights “Protocol of San Salvador,” adopted in San Salvador, El Salvador, on November 17, 1988,
th
at the 18 regular session of the General Assembly.
32
OAS, Inter‐American Convention on the Prevention, Punishment and Eradication of Violence against
th
Women “Convention of Belém do Pará,” adopted in Belém do Pará, Brazil, June 9, 1994, at the 24 regular session
of the General Assembly.
33
OAS, Inter‐American Convention on Forced Disappearance of Persons, adopted in Belém do Pará,
th
Brazil, June 9, 1994, at the 24 regular session of the General Assembly.
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